Immigration Hub
Clear summaries for F-1, OPT, STEM OPT and H-1B professionals, each linked to its official source.
Democrats won control of both chambers of Congress in the Nov 3 midterms. Immigration lawyers expect more congressional oversight of immigration policy, but no immediate change to H-1B or PERM rules. Most recent H-1B changes came through executive action and agency rulemaking, which continue regardless of the election result. Pending proposals affecting H-1B workers and students remain in the regulatory process.
USCIS data for the first nine months of fiscal 2026 (through June 30) show 270,419 H-1B petitions approved and 8,231 denied. Filing volumes stayed roughly in line with the prior year, suggesting employer demand held steady. Separately, the State Department reported more than 300,000 visa revocations across all categories; that figure is not specific to H-1B.
For India, EB-1 holds at Feb 1, 2023 and EB-2 holds at Nov 1, 2013. EB-3 India advanced 21 days to Jan 22, 2014. USCIS confirmed that employment-based applicants may use the Dates for Filing chart in November. Check the official bulletin for your exact category before filing.
DHS proposed charging schools $70,000 to recommend an F-1 student for initial OPT and $30,000 for each later recommendation, including STEM OPT. Schools could pass the cost to students or employers. This is a proposal only: current OPT and STEM OPT fees and processes are unchanged. Students already on OPT, or approved before any final rule takes effect, would not be charged. Public comments close Nov 9, 2026; a final rule would take effect 60 days after publication.
A federal court vacated the $100,000 fee in June, and the First Circuit declined to reinstate it in July, so USCIS is not collecting it. A September proclamation extended the fee through Sept 21, 2027, but a second judge struck down that version too. The fee never applied to changes of status filed inside the US, such as F-1 to H-1B. The government's appeal continues, so the status could change.
An executive order directs DHS, Labor and State to consider an employer's recent and planned layoffs when reviewing H-1B filings. It does not ban sponsorship by employers with layoffs and does not revoke approved petitions. The Labor Department was told to start reviewing previously filed LCAs within 30 days. Job seekers may see more caution from sponsors that recently cut staff.
A federal court in Massachusetts postponed the DHS rule that would have replaced duration of status with fixed admission periods, one day before it took effect. F-1 students keep D/S admission and the 60-day grace period, and no one needs to file an extension of stay with USCIS. The government has appealed to the First Circuit, so watch for updates.
DHS proposed removing the up-to-60-day grace period that workers in H-1B and several other classifications get after a job ends. It does not cover F-1 students or OPT. The proposal does not repeal H-1B portability, so an eligible worker can still start with a new employer once a qualifying petition is properly filed. Comments close Nov 10, 2026; today's grace period still applies.
DHS proposed a new $103,265 fee on cap-subject H-1B petitions. Unlike the blocked $100,000 fee, it would apply whether the worker is abroad or changing status inside the US, which includes F-1 students selected in the lottery. It is a proposal only and not in effect; the comment period closed Sept 24, 2026, and no final rule has been published.
Since Feb 27, 2026, the H-1B lottery gives more entries to higher wage levels instead of drawing purely at random. The FY2027 cap was reached on July 17, 2026, with no second round. FY2028 registration is expected around March 2027, but USCIS has not announced dates.
Expanded social media vetting for H-1B, H-4, F, M and J visa applicants has led to widespread interview rescheduling in India, sometimes by many months. Applicants are asked to set social media profiles to public. Anyone needing a new visa stamp should check appointment availability and talk to their employer or DSO before booking travel.
Nov 9, 2026 · OPT
Nov 10, 2026 · H-1B
Dec 7, 2026 · OPT
Mar 1, 2027 · H-1B
FY2028 H-1B registration expected to open (not yet announced)
USCIS has not announced exact dates.
One calm, clear email a week. Unsubscribe anytime.